---
kind: "range"
citation: "16 U.S.C. §§ 459d–459d–7"
title: "16"
from: "459d"
to: "459d–7"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/16/459d..459d-7"
---

# §459d. Padre Island National Seashore; description of land and waters


In order to save and [preserve](/usc/16/410hhh–1.md?p=7), for purposes of public recreation, benefit, and inspiration, a portion of the diminishing seashore of the United States that remains undeveloped, the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall take appropriate action in the public interest toward the establishment of the following described lands and waters as the Padre Island National Seashore: Beginning at a point one statute mile northerly of North Bird Island on the easterly line of the Intracoastal Waterway; thence due east to a point on Padre Island one statute mile west of the mean high water line of the Gulf of Mexico; thence southwesterly paralleling the said mean high water line of the Gulf of Mexico a distance of about three and five-tenths statute miles; thence due east to the two-fathom line on the east side of Padre Island as depicted on National Ocean Survey chart numbered 1286; thence along the said two-fathom line on the east side of Padre Island as depicted on National Ocean Survey charts numbered 1286, 1287, and 1288 to the Willacy-Cameron County line extended; thence westerly along said county line to a point 1,500 feet west of the mean high water line of the Gulf of Mexico as that line was determined by the survey of J. S. Boyles and is depicted on sections [9](/usc/16/9.md) and [10](/usc/16/10.md) of the [map](/usc/16/430f–7.md?p=1) entitled “Survey of Padre Island made for the office of the Attorney General of the [State](/usc/16/6456.md?p=2) of Texas”, dated August 7 to 11, 1941, and August 11, 13, and 14, 1941, respectively; thence northerly along a line parallel to said survey line of J. S. Boyles and distant therefrom 1,500 feet west to a point on the centerline of the Port Mansfield Channel; thence westerly along said centerline to a point three statute miles west of the said two-fathom line; thence northerly parallel with said two-fathom line to 27 degrees 20 minutes north latitude; thence westerly along said latitude to the easterly line of the Intracoastal Waterway; thence northerly following the easterly line of the Intracoastal Waterway as indicated by channel markers in the Laguna Madre to the point of beginning.


# §459d–1. Acquisition of property

- (a) **Authority of Secretary; manner and place; concurrence of State owner; transfer from Federal agency to administrative jurisdiction of Secretary—** The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) is authorized to [acquire](/usc/16/620e.md?p=1) by donation, purchase with donated or appropriated [funds](/usc/16/1421h.md?p=2), condemnation, transfer from any Federal agency, exchange, or otherwise, the land, waters, and other property, and improvements thereon and any interest therein, within the [areas](/usc/16/539m–1.md?p=1-A) described in [section 459d of this title](/usc/16/459d.md) or which lie within the boundaries of the seashore as established under [section 459d–2 of this title](/usc/16/459d–2.md) (hereinafter referred to as “such [area](/usc/16/539m–1.md?p=1-A)”). Any property, or interest therein, owned by the [State](/usc/16/6456.md?p=2) of Texas or political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only with the concurrence of such [owner](/usc/16/429b–3.md?p=4). Notwithstanding any other provision of law, any Federal property located within such [area](/usc/16/539m–1.md?p=1-A) may, with the concurrence of the agency having custody thereof, be transferred without consideration to the administrative jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) for use by him in carrying out the provisions of [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title.
- (b) **Fair market value; appraisal—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to pay for any [acquisitions](/usc/16/620e.md?p=1) which he makes by purchase under [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title their [fair market value](/usc/16/459b–1.md?p=e), as determined by the [Secretary](/usc/16/410r–5.md?p=c-1), who may in his discretion base his determination on an independent appraisal obtained by him.
- (c) **Exchange of property; cash equalization payments—** In exercising his authority to [acquire](/usc/16/620e.md?p=1) property by exchange, the [Secretary](/usc/16/410r–5.md?p=c-1) may accept title to any non-Federal property located within such [area](/usc/16/539m–1.md?p=1-A) and convey to the grantor of such property any federally owned property under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) within such [area](/usc/16/539m–1.md?p=1-A). The properties so exchanged shall be approximately equal in [fair market value](/usc/16/459b–1.md?p=e): Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may accept cash from or pay cash to the grantor in such an exchange in order to equalize the values of the properties exchanged.

# §459d–2. Establishment

- (a) **Notice in Federal Register—** As soon as practicable after September 28, 1962 and following the [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) of an acreage in the [area](/usc/16/539m–1.md?p=1-A) described in [section 459d of this title](/usc/16/459d.md), that is in the opinion of the [Secretary](/usc/16/410r–5.md?p=c-1) efficiently administrable to carry out the purposes of [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title, the [Secretary](/usc/16/410r–5.md?p=c-1) shall establish the [area](/usc/16/539m–1.md?p=1-A) as a national seashore by the publication of notice thereof in the Federal Register.
- (b) **Distribution of notice and map—** Such notice referred to in [subsection (a)](#a) of this section shall contain a detailed description of the boundaries of the seashore which shall encompass an [area](/usc/16/539m–1.md?p=1-A) as nearly as practicable identical to the [area](/usc/16/539m–1.md?p=1-A) described in [section 459d of this title](/usc/16/459d.md). The [Secretary](/usc/16/410r–5.md?p=c-1) shall forthwith after the date of publication of such notice in the Federal Register (1) send a copy of such notice, together with a [map](/usc/16/430f–7.md?p=1) showing such boundaries, by registered or certified mail to the Governor of the [State](/usc/16/6456.md?p=2) and to the governing body of each of the political [subdivisions](/usc/16/539m–1.md?p=15) involved; (2) cause a copy of such notice and [map](/usc/16/430f–7.md?p=1) to be published in one or more newspapers which circulate in each of the localities; and (3) cause a certified copy of such notice, a copy of such [map](/usc/16/430f–7.md?p=1), and a copy of [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title to be recorded at the registry of deeds for the county involved.

# §459d–3. Reservation of oil, gas, and other minerals

- (a) When acquiring land, waters, or interests therein, the [Secretary](/usc/16/410r–5.md?p=c-1) shall permit a reservation by the grantor of all or any part of the oil and gas minerals in such land or waters and of other minerals therein which can be removed by similar means, with the right of occupation and use of so much of the surface of the land or waters as may be required for all purposes reasonably incident to the mining or removal of such from beneath the surface of these lands and waters and the lands and waters adjacent thereto, under such regulations as may be prescribed by the [Secretary](/usc/16/410r–5.md?p=c-1) with respect to such mining or removal.
- (b) Any [acquisition](/usc/16/620e.md?p=1) hereunder shall exclude and shall not diminish any right of occupation or use of the surface under grants, leases, or easements existing on April 11, 1961, which are reasonably necessary for the exploration, development, production, storing, processing, or transporting of oil and gas minerals that are removed from outside the boundaries of the national seashore and the [Secretary](/usc/16/410r–5.md?p=c-1) may grant additional rights of occupation or use of the surface for the purposes aforesaid upon the terms and under such regulations as may be prescribed by him.

# §459d–4. Administration; utilization of authority for conservation and management of natural resources


Except as otherwise provided in [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title, the property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under such sections shall be administered by the [Secretary](/usc/16/410r–5.md?p=c-1), subject to the provisions of the Act entitled “An Act to establish a [National Park](/usc/16/410hhh–1.md?p=5) Service and for other purposes”, approved August 25, 1916 (39 Stat. 535),[^1] as amended and supplemented, and in accordance with other laws of general application relating to the [areas](/usc/16/539m–1.md?p=1-A) administered and supervised by the [Secretary](/usc/16/410r–5.md?p=c-1) through the [National Park](/usc/16/410hhh–1.md?p=5) Service; except that authority otherwise available to the [Secretary](/usc/16/410r–5.md?p=c-1) for the [conservation](/usc/16/6456.md?p=2) and management of natural [resources](/usc/16/410hhh–1.md?p=8) may be utilized to the extent he finds such authority will further the purposes of [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title.


# §459d–5. Roadways to access highways from mainland


The [Secretary](/usc/16/410r–5.md?p=c-1) may provide for roadways from the north and south boundaries of such public [recreation area](/usc/16/460bbb–1.md?p=3) to the access highways from the mainland to Padre Island.


# §459d–6. Aerial gunnery and bombing range agreements of Secretary of the Interior and Secretary of the Navy


The [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior shall enter into such administrative agreements with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Navy as the [Secretary](/usc/16/410r–5.md?p=c-1) of the Navy may deem necessary to assure that the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior will not exercise any authority granted by [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title so as to interfere with the use by the Department of the Navy of any aerial gunnery or bombing range located in the vicinity of Padre Island.


# §459d–7. Authorization of appropriations


There are authorized to be appropriated such sums as may be necessary to carry out the provisions of [sections 459d to 459d–7](/usc/16/459d..459d–7.md) of this title; except that no more than $5,350,000 shall be appropriated for the [acquisition](/usc/16/620e.md?p=1) of land and waters and improvements thereon, and interests therein, and incidental costs relating thereto, in accordance with the provisions of such sections.